Center v. Gibney

Citations

• 71 Ill. 557

Syllabus

<p>Forcible entry and detainer—waiver of objection to complaint. Where a complaint, in an action of forcible entry and detainer, had no jurat attached to it, and the defendant went to trial before the justice of the peace without making any objection to the complaint, and look an appeal to the circuit court, and there, for the first time, entered a motion to dismiss the suit on account of the defect in the complaint, and, upon that motion being overruled, went to trial without excepting to the ruling of the court, and the transcript of the justice showed that the complaint was sworn to, it was held, that, although the filing of a complaint was jurisdictional, the defendant had waived the defect that existed in the complaint.</p>